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SHANER v. WEST COAST LIFE INS. CO.

No. 1040.

73 F.2d 681 (1934)

SHANER v. WEST COAST LIFE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

November 22, 1934.

Attorney(s) appearing for the Case

Philip Hornbein and Isaac Mellman, both of Denver, Colo., for appellant.

Walter W. Blood, of Denver, Colo. (G. C. Bartels, Arthur H. Laws and Paul P. Eagleton, all of Denver, Colo., on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is an action in equity to cancel a life insurance policy in the sum of $10,000 with an accompanying total and permanent disability provision.

On May 27, 1931, the insured submitted a signed application for the insurance in which it was expressly covenanted and agreed that the several statements, agreements, and answers contained therein should be the basis and constitute a part of the consideration...

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